Introduction

With the world population recently hitting the 7 billion mark, population control is of an immediate pressing concern in India even worldwide. With the immense pressure on todays resources food, water, energy all of these fall short for everyone to sustain themselves with. Immediate proper contraceptive methods are of an immense need in India and for that matter the world over And here presents RISUG for reversible inhibition of sperm under guidance, it has been termed as the biggest advance in male birth control since the condoms. The method behind this is that a nontoxic polymer that forms a coating on the inside of the vas is injected. As sperm flow past, they are chemically incapacitated, rendering them unable to fertilize an egg. Also it is completely reversible with the use of a simple follow up injection. The problem this entails is RISUG has been in Phase III clinical trials in India since 2002, and not show any further advancement as per the Indian Council of Medical Research. . Phase III trials are designed to establish the safety and efficacy of a drug in a variety of body types. Over 100 men were participating in the Phase III RISUG trial when it was delayed for a number of reasons.

Statement of Purpose

In October 2002, government officials aired concerns about RISUG in India's national press. Their concerns have since been resolved, but the controversy stalled the clinical trial for six months. The next delay was due to concerns about RISUG's initial toxicology tests. The Indian Council for Medical Research (ICMR) has reviewed the toxicology data three times and approved it each time. What I would like to know is the immediate pressing concerns on this issue, why is it being delayed still, which legislative procedures or agencies and on what particular specific grounds inhibit this procedures further implementation. With this RTI I hope to bring transparency over this issue, I would like to raise concern over why such a simple, viable and cheap alternative is taking so long to implement. Even when India finds itself on the brink of an uncertain future.

Adressal of the RTI

This RTI should be addressed to the Indian Council of medical research, The Gazette of India provides that the citizens of India can ask all the various government departments for the information that it may have not made public. This information can rightfully be accessed by the people. Section 5(1) defines the designation of the official who is responsible for addressing the RTI. It states that: Every public authority shall, within one hundred days of the enactment of this Act, designate as many officers as the Central Public Information Officers or State Public Information Officers, as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this Act. Section 6(1) of the constitution describes the individual that has to be addressed for the provision of any government information. It states that A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to (a) The Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority; (b) The Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, Specifying the particulars of the information sought by him or her: Provided that where such request cannot be made in writing, the Central Public Information Officer or State Public Information Officer, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing. The PIO can provide information on all topics that: (a) do not affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; (b) Which has been expressly forbidden to be published by any court of law or tribunal or

the disclosure of which may constitute contempt of court; (c) Would cause a breach of privilege of Parliament or the State Legislature; (d) do not including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; (e) do not violate a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; (f) Information received in confidence from foreign Government; (g) Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; (h) Information which would impede the process of investigation or apprehension or prosecution of offenders; (i) Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers1 (j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual Also, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State. 2

The website to the Indian Council of medical research can be found at: http://icmr.nic.in/ The Indian Council of Medical Research (ICMR) is an Autonomous Body registered under the Society Act XXI of 1860, fully funded by the Govt. of India, Ministry of Health and Family Welfare. Besides its Headquarters at New Delhi, the Council has 27 permanent

1 2

Section 8 of the gazette of india, Right to Information act Section 9 of the gazette of India, Right to Information act

Institutes/Centres located in different parts of the country. The Council is responsible for the formulation of the National Health Policy in the field of Biomedical Research. 3

The following are the broad objects of the Council: a) The prosecution and assistance of research, the propagation of knowledge and experimental measures in connection with the causation, patho-physiology mode of spread, prevention and treatment, diagnosis of diseases, communicable as well as non-communicable. b) To initiate, aid, develop and coordinate medical scientific research in India and to promote and assist institutions for the study of diseases, their prevention, causation and remedy. c) To finance enquries and researches. d) To prepare, print and publish any papers or periodicals in furtherance of the objects of the Council and to contribute to any such periodical. e) To construct, maintain and alter any buildings or works necessary or convenient for the purposes of the Council.

The relevant RTI will be filed under the Division of Reproductive Health & Nutrition (RHN) and Central Public Information Officer Dr. Malabika Roy supervisor of the contraceptive division. The Appellate authority being Dr. K. Satyanarayana Scientist-G & Head
4

3 http://www.icmr.nic.in/rti/RTI-Revised-17-Points.pdf 4 http://www.icmr.nic.in/rti/RTI-CPIO-AA_scientist.pdf

Fees Required
Section 7 part (5) of the Right to Information act states that: Fee prescribed under sub-section (1) of section 6 and sub-sections (1) and (5) of section 7 shall be reasonable and no such fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate Government. Notwithstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section (1).

Section 26(3) part (h) also states that: The appropriate Government shall, if necessary, update and publish the guidelines referred to in sub-section (2) at regular intervals which shall, in particular and without prejudice to the generality of sub-section (2), include

(h) The notices regarding fees to be paid in relation to requests for access to information.

The site of the Indian Council of Medical research states: An application fee Rs.10/- (Rupees ten only) is charged with the mode of payment being (Cash/Demand Draft/Indian Postal Order payable to Director - General, Indian Council of Medical Research)